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R94-205RESOLUTION NO. R94-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VARIOUS LOCAL POLICE AGENCIES, PROVIDING FOR THE USE OF THE CITY'S "HOGANS ALLEY" FIREARMS SCENARIO TRAINING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida (CITY) to execute Agreements between the City of Boynton Beach and the following agencies: Sunrise Police Department, Fort Lauderdale Police Department, Jupiter Police Department, Lantana Police Department and Veto Beach Police Department for their use of the City's "Hogan's Alley" firearms scenario training utility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT= ~ The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach and the following agencies: Sunrise Police Department, Fort Lauderdale Police Department, Jupiter Police Department, Lantana Police Department and Vero Beach Police Department for their use of the City's "Hogan's Alley" firearms scenario training utility. ~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of ~:~?~, 1994. CITY OF BOYNTON BEACH~ FLORIDA ATTEST: Ci~ Clerk (Corporate Seal) Authsig.doc BBPD.HogansAlley 12/2/94 Vice Mayor THIS AGREEMENT is made and entered into this 21 day of November , 1994, by and between the CITY OF BOYNTON BEACH, a Florida municipality, hereafter referred to as "CITY", and Jupiter Police Department "DEPARTMENT". , hereafter referred to as WITNESSETH: WHEREAS, the City is the proprietor of a firing range upon a site situated at 3701 N. Congress Avenue, Boynton Beach, Palm Beach County, Florida, and on said range operates a variation of "Hogan's Alley", in which real life scenarios are played out for the purpose of making training more realistic; and WHEREAS, the DEPARTMENT seeks permission of the CITY to utilize this training apparatus, for the training of its agents and employees; NOW, THEREFORE, in consideration of the parties' mutual interest and objectives in providing professional, competent training, it is understood and agreed between the parties hereto as follows: 1. The term of this Agreement shall be for a one (1) year pedod, commencing on the date of execution. 2. The CITY shall provide supervision during any use of, or training exerdse conducted on said range. 3. The DEPARTMENT shall cause its agents and employees to conform their conduct with regard to the use of the Boynton Beach firing range (Hogan's Alley) in accordance with the law and rules and regulations established by CITY which are attached and incorporated into this Agreement as if fully set forth herein, identified as Exhibit "A". 4. time it seeks permission to use "Hogan's Alley". 5. The CITY expressly reserves the right to deny use of the range in the event the intended use of the DEPARTMENT is in conflict with any other use or training. 6. There shall be no charge to the DEPARTMENT for use of the range facilities, however, the DEPARTMENT shall be responsible for any costs or expenses incurred for targets, ammunition, cleaning supplies and other related training items. 7. If, the sole discretion of the CITY the DEPARTMENT fails to reasonably conform to the requirements of this Agreement, the Agreement may be terminated at any time upon written notice. 8. The DEPARTMENT is not permitted to include any guest, independent contractor or any other person under the terms or conditions of this Agreement. 9. Any notice required or permitted to be given under this Agreement shall be in wdting and mailed to: BOYNTON BEACH DEPARTMENT City Manager P.O. Box 310 Boynton Beach, FL 33425 10. This Agreement is not assignable. 11. The DEPARTMENT assumes all liability and responsibility for damage, injury or death arising out of the conduct of it's agents and employees in accordance The DEPARTMENT shall provide the CITY written notice of the date and with the provisions of Section 768.28, Florida Statutes, and agrees with respect to any suit or claim for damages resulting from acts, omissions or conduct of the DEPARTMENT, their employees or agents, occurring while using said CITY's firing range to hold harmless and indemnify the CITY. 12. This Instrument contains the entire Agreement between the parties, it may not be changed orally, but only in writing and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Witness~ ,~'itness ATTEST: Cit~'Clerk Witness CITY OF BOYN.T/O~,N ~/~/EACH, FLORIDA by:~~~~ Edward J. Harmening, Mayor~:~~ Appro~to f~~ ~ DEPARTMENT by: H~.~(=~~t .. Range. Agr 11/7/94